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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47340
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, this is on behalf of a friend of mine. She applied

Resolved Question:

Hello, this is on behalf of a friend of mine.

She applied for a job, submitted a fake cv and got the job.
For her reference she used a friends Ltd company. The friend even spoke to the future employer to confirm her reference etc.

She is perfectly qualified for the job so won't be found out once in the job. Her concern is regarding her P45/P60/other forms. As this will show her previous employer. If the new employer sees that the former employer and reference are different, the games up.

She was smart enough to ensure that the reference was credible. i.e it is a registered Ltd with trading history. The friend has offered to "employ" her for a week so that her p45 will show her previous employer as the company given in the reference.

Can the future employer find out previous employers prior to the most recent one?
Can the future employer find out how long the employee was employed for at that company?

Is there anything she has completely overlooked which is going to give her game up?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Customer:

Good Afternoon

Ben Jones :

The P45 will not show up previous employers beyond her last one and neither would the P60 as they both only document the last employment she has been in. However, the P60 will detail the earnings and contributions she has earned/made so if they are very low and reflect only a week's worth of payments the employer may get suspicious and query that. So whilst there would be nothing specifically that says how long she has been employed there for, the amount of money earned would potentially be the issue

Customer:

Ok thank you for your reply.

Customer:

she is working at the moment. Her p60 will obviously already have her salary in her previous position.. do you know is the p60 a running total for the year, or just the total from that current employment

Ben Jones :

It is for the current tax year but if there have been more than one employments in that year then it will show an accumulation of all

Customer:

ok but it will still only list the most recent employer?

Customer:

Also, if she were to start her new job at the start of the new tax year. I assume it would only have her first week/months salary totalled

Ben Jones :

it will show the latest employer from which it is issued and will also include any pother employment during the same tax year

Ben Jones :

yes it would

Ben Jones :

But they may ask for the past tax year's P60, you never know

Customer:

ok, so the sensible thing for her to do, would be to only submit her p45 in the new year

Customer:

oh ok, that makes sense regarding the previous p60

Customer:

are you required to present your p60? obvious it would be odd to decline a request however surely its not a dismissible offence

Ben Jones :

No it is not a dismissible offence but she must remember that in the first 2 years she is not protected against unfair dismissal so they can dismiss her at any time and for no particular reason - even if they just become suspicious

Customer:

So assuming the future employer doesnt look to deeply. Submitting her P45 listing the fake reference as her current employer is probably the best thing she can do?

Customer:

Revealing her real employer will prevent her from getting the new job you see

Ben Jones :

Yes that would be the best she can do, I can't actually advise her on what to do as what she is doing is illegal and is fraud but you get the idea of what the employer may look for

Customer:

completely understood :)

Customer:

what other ways could the future employer check her previous employment record?

Ben Jones :

it is really done by references and looking for gaps in any information provided then asking for proof on what she was doing during that period

Customer:

If the friend were to employer her for 1 week, and pay her 3 months salary. that would show up on the p60. nothing odd about that am i correct?

Customer:

obviously the friend would need to pay whatever tax/NI contributions are required

Customer:

employ*

Ben Jones :

yes correct

Customer:

ok thank you. you have been most helpful. I will review with Excellent Service. Many Thanks

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